Public Health and Research Reforms in Controlled Substances Act of 2026
Sponsored By: Representative Cohen, Steve [D-TN-9]
Introduced
Summary
**This bill would shift the Controlled Substances Act to a *public‑health‑led drug scheduling* system**, centering decisions on therapeutic value and measurable health harms rather than only criminal‑law criteria. It would also create a formal federal system to classify emerging drug threats and change research, penalty, and resentencing rules.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 1 benefits, 0 costs, 3 mixed.
Health Secretary-led drug scheduling
If enacted, the Health Secretary would become the main official who recommends and places drugs into new lettered and numbered schedules. The bill would require publication in the Federal Register and at least 60 days for public comment before proposed placements or removals. A two-year transition would begin May 24, 2028, a rule for designation criteria would be due within one year, and specified reevaluations (including fentanyl and cocaine) must happen within two years after enactment. The Secretary could temporarily place a substance after a 30-day notice on ONDCP recommendation, and analogues would be placed in the same numerical schedule as their parent drug and also in Schedule E. For drugs that were in Schedule V the day before enactment, sentences would be capped at the earlier maximum applicable on that preceding day.
Federal system for emerging drug threats
If enacted, the bill would set up a federal classification and response system for emerging or evolving drug threats run by the ONDCP Coordinator. The system would define covered threats, monitor indicators like overdoses and seizures, require regular reviews and public dashboards, and force agencies to report missed deadlines and data gaps. The strategy would identify resource needs and corrective actions and the bill authorizes an Emergency Rapid Response Fund ($5,000,000) to support urgent work.
Faster drug research registrations
If enacted, the Secretary of Health and Human Services would handle registrations for scientific investigators, while the Attorney General would keep other registration roles. Institutions of higher education could apply for research registrations. The bill would let an investigator start covered research 45 days after sending a complete notice to the Secretary unless the Secretary acts to stop it within 45 days. It would also create an expedited NIDA pilot pathway for small preclinical studies with 15-day decisions and allow NIDA to supply needed substances.
Higher drug fines and sentences
If enacted, the bill would raise many maximum fines for drug-distribution and import/export offenses. Examples include replacing $1,000,000 with $10,000,000, $5,000,000 with $50,000,000, and raising some non‑individual caps up to $75,000,000. The bill would also change prior‑conviction references and strike a mandatory minimum sentence of 20 years for deaths or serious injury, replacing it with a maximum sentence of life. These revised fine and sentencing rules would apply upon enactment.
Sponsors & CoSponsors
Sponsor
Cohen, Steve [D-TN-9]
TN • D
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov